疫情下非法移工釀治安隱憂?移民署:少有犯罪者 | NIA responds to concerns about illegal migrant workers stranded in Taiwan

新冠肺炎疫情爆發後,越南迅速鎖國、停飛國際航班,造成大量在台被抓獲的越南籍失聯移工無法被遣返而因此滯留在移民署收容所。(圖/資料照)|Since the outbreak of the epidemic, Vietnam has been on lockdown and stopped international flights, causing a large number of Vietnamese migrant workers arrested in Taiwan stranded in The National Immigration Agency (移民署, NIA) shelters, unable to be repatriated. (file photo)

新冠肺炎疫情爆發後,越南迅速鎖國、停飛國際航班,造成大量在台被抓獲的越南籍失聯移工無法被遣返而因此滯留在移民署收容所,數量甚至突破千名,對移民署收容量造成負擔。

Since the outbreak of the epidemic, Vietnam has been on lockdown, meaning that a large number of Vietnamese migrant workers arrested in Taiwan have been stranded in shelters of the National Immigration Agency (移民署, NIA). 

Authorities indicate that more than 1,000 Vietnamese are waiting for their repatriation.

根據現行法令,外籍人士在收容所內最多只能待100天,在越南邊境緊鎖的情形下,移民署被迫在期滿後放人,然後再進行查緝。

According to current regulations, foreigners can only stay in an asylum for a maximum of 100 days. They should be released if authorities cannot repatriate them after that benchmark. With Vietnam’s borders closed, for the time being, NIA officials said they have to release some migrant workers first and rearrest them later.

因應此疫情下新興的情況,移民署要求被查緝者提供聯絡電話、住處地址,以及一名保證人,並定時向移民署報到,如此便可在外自由行動。

In response to this emerging situation, the NIA implemented a new policy to manage illegal migrant workers. 

They are required to provide a contact number, address, information of a guarantor, and to report regularly to immigration authorities so that the department could track their whereabouts.

By complying with the policy, illegal migrant workers can stay free. 

然而,近期有媒體報導稱如此釋放非法移工,為越南籍罪犯提供空窗期從事不法活動,引發民眾憂心。

However, recent media reports have suggested that releasing the illegal migrant workers provides an opportunity for Vietnamese offenders to engage in illegal activities, which sparked public concern.

對此,移民署提出五點回應澄清:

To this, the NIA has made five points of clarification in response:

一、移民署收容所的受收容人大多數都是違反行政法規的失聯移工或逾期停留者,極少數涉及竊盜、偽造文書等微罪刑事案件。

Most of the inmates of the NIA shelters are runaway migrant workers or overstayers who have violated administrative regulations, very few of them are involved in minor criminal cases such as theft or forgery.

二、至於殺人等重大刑事案件,法院通常會依據刑事訴訟法予以裁定覊押於看所守所,不會交由移民署收容。

As for major criminal cases such as homicide, the court would normally rule that the migrant be detained in a detention center in accordance with the law and would not be placed under the custody of NIA.

三、因法定收容天數限制,且延長收容期間須經法院裁定,倘受收容人未經裁定延長收容,或收容期間已屆滿,依法須釋放出所,是憲法保障之人身自由,並非因疫情期間收容量較高才有收容替代處分。

The law has a legal limit on the number of days of confinement, and extending it requires the court’s ruling. Therefore, the confined person must be released from the institution once the confinement is expired without an extension permitted by the court.

The law aims to guarantee the personal freedom of the confined migrants, it is not a new policy implemented due to the pandemic.

四、現行收容替代配套,已嚴加管控有治安疑慮的收替對象,如當事人須每日至專勤隊報到、專勤隊每天電話聯絡、每週實地訪視、協同警方追查幕後不法集團。

Under the existing restrictions, strict control has been exercised over those who are suspected of having law and order concerns.

For example, they are asked to report to local authorities on a daily basis, make daily telephone calls with the officials, and go on weekly site visits, work with local police to trace the syndicate behind the crime and more.

五、越南駐臺辦事處自109年5月底起,已陸續安排包機接返越南籍人士返國,本署也持續協調越辦,積極爭取專機名額,務求儘早將越南籍受收容人遣送出國。

Since the end of May, the Vietnam Economic and Cultural Office in Taipei (駐台北越南經濟文化辦事處) has been arranging chartered flights for Vietnamese nationals to return home.

NIA has also been coordinating with the office to pursue more special flights for overstayed Vietnamese to be repatriated as soon as possible.